Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
R.C. Lahoti, C.J. 1. Section 2 of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 (Gujarat Act No. 4 of 1994) which introduced certain amendments in Section 5 of the Bombay Animal Preservation Act, 1954 (as applicable to the State of Gujarat) has been struck down as ultra vires the Constitution by the High Court of Gujarat. These three sets of appeals by special leave have been filed thereagainst.A chain of events, legislative and judicial, lead to the impugned enactment. To appreciate the core issue arising for decision in these appeals and also the constitutional questions arising therein, it will be useful to set out the preceding events in their chronological order.PART - IBackdrop of EventsLegislative history leading to impugned enactment2. With a view to conserve the cattle wealth of the State of Bombay, the State Government enacted the Bombay Animal Preservation Act, 1948 and prohibited slaughter of animals which were useful for milch, breeding or agricultural purpo...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1987P& H263
S.P. Goyal, J. 1. These three petitions (Civil Writ Petitions Nos. 3065, 3268 and 3435 of 1986), which are based on identical facts and involve common questions of law, have been filed for quashing the notices dated June 13, 1986, a copy of one of which is attached as Annexure P-6, issued to the petitioners by respondent 6, the Speaker of the Punjab Vidhan Sabha, requiring them to show cause as to why they be not disqualified from the membership of the Punjab Legislative Assembly in terms of Art. 191(2) read with paras 2 and 6 of the Tenth Schedule of the Constitution and his order dated July 4, 1986 (Annexure P-8) rejecting the application (Annexure P-7) of Capt. Amrinder Singh, M.L.A., wherein he claimed to be recognised as the leader of the 27 M.L.As. who were stated to have formed a separate legislative party because of the alleged split in the Shiromani Akali Dal. The attack is two prone. First, that the Constitution (Fifty-Second Amendment) Act, 1985 is ultra vires of the powers ...
Tag this Judgment!Court : Delhi
Reported in : II(2003)ACC114; 2003ACJ1631; 2003IIIAD(Delhi)321; 104(2003)DLT234; 2003(68)DRJ128; 2003RLR333
ORDER'. The film had a patriotic fervor and was based on the 1971 Indo-Pak war. During the matinee show of the film, immediately after the interval, the audience in the cinema hall saw smoke coming out of the side of the screen. Most of the patrons sitting in the hall thought it was some special effect which was a part of the film Realizing little that a fire had broken out in the cinema building. By the time they realised that the smoke had engulfed the hall because of the fire in the building it was too late for many of them to leave the balcony. The entire balcony area and the stairs leading to the balcony were so full of smoke that it had became impossible for many of the patrons to go out of the building and as a result thereof 59 people, which included infants and children, lost their lives because of asphyxiation and about 103 other persons sustained injuries. Immediately after the incident of fire, the Lieutenant Governor vide order dated 14th June, 1997 ordered an enquiry into...
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
Swatanter Kumar, C.J.Relevant Facts:1. Mohd. Riyazur Rehman Siddiqui met with an accident on 30th September 1986 on Bidar-Udgir road while he was driving a motor-cycle No. MZV-6233. According to him, while he was driving the vehicle at a very moderate speed, the driver of jeep bearing No. MZV-6437 who was driving the vehicle rashly and negligently gave a dash to the motor-cycle and resultantly he sustained injuries. A case under Sections 279, 337 and 338 of the Indian Penal Code was registered with the Police Station, Udgir. The Appellant resultantly of the accident sustained permanent disability to the extent of 48%. He filed a Petition under Section 166 of the Motor Vehicles Act, 1988 being Case No. 26, of 1987 before the Motor Accident Claims Tribunal, Latur, which was contested and decided finally by the Tribunal vide its judgment and award dated 5th May 1989 awarding compensation of Rs. 51,000/- only with interest at the rate of 10% per annum from the date of the claim petition. T...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442
ORDERK. Ramaswamy, JJ.1. These two writ petitions raise common question of law: whether female tribal is entitled to parity with male tribal in intestate succession? The first petitioner is an Editor of a Magazine 'Manushi' espousing the causes to ameliorate the social and economic backwardness of Indian woman and to secure them equal rights. Petitioner Nos. 2 Smt. Sonamuni and 3 Smt. Muki Dui are respectively widow and married daughter of Muki Banguma, Ho tribe of Longo village, Sonua Block, Singhbhum District in Bihar State. The petitioner in Writ Petition No. 219/86, Juliana Lakra is an Oraon Christian Tribal woman from Chhota Nagpur area. They seek declaration that Sections 7, 8, and 76 of the Chhota Nagpur Tenancy Act, 6 of 1908, (for short, the 'Act') are ultra vires Articles 14 15 and 21 of the Constitution of India. They contend that the customary law operating in the Bihar State and other parts of the country excluding tribal women from inheritance of land or property belongin...
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All200
Amitava Lala, J.1. Writ petitioner filed this petition basically challenging a press note dated 31st August, 1998 and the notification being numbered SO 808 (E) dated 11th September, 1998, which are as follows:PRESS NOTE'Subject: De-licensing of Sugar Industry.The Government has further viewed the list of industries under compulsory licensing, and has decided to delete sugar industry from the list of industries requiring compulsory licensing under provisions of the Industrial (Development and Regulation) Act, 1951. However, in order to avoid unhealthy competition among sugar factories to procure sugarcane, a minimum of 15 KM would continue to be observed between an existing sugar mill and a new mill by exercise of power under Sugarcane (Control) Order, 1966.2. The entrepreneurs who wish to avail themselves of the de-licensing of sugar industry would be required to file an Industrial Entrepreneurs Memoranda (IEM) with the Secretariat of Industrial Assistance in the Ministry of Industry ...
Tag this Judgment!Court : Supreme Court of India
1. These appeals have been preferred against the judgment and order dated 18.7.2011 of the High Court of Judicature at Madras in Writ Petition Nos.12882, 12890, 13019, 13037, 13038, 13227, 13293, 13296, 13345, 13381, 13390, 13547 of 2011 and W.P.(M.D.) No.6143/2011 whereby the High Court has struck down Section 3 of The Tamil Nadu Uniform System of School Education (Amendment) Act, 2011 (hereinafter called the Amendment Act 2011) and issued directions to the State Authorities to implement the provisions of The Tamil Nadu Uniform System of School Education Act, 2010 (hereinafter called the Act 2010), i.e. to implement the common syllabus, distribute the textbooks printed under the uniform system of education and commence the classes on or before 22.7.2011. The Contempt Petitions have been filed for non-implementing the directions given by this Court vide order dated 14.6.2011. 2. FACTS: A. In the State of Tamil Nadu, there had been different Boards imparting basic education to st...
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR812
S.M. Soni, J.1. Petitioners, Party-in-Person, have prayed for taking necessary action under Section 10 of the Contempt of Courts Act against the respondents for alleged deliberate and wilful non-compliance of the order of the Gujarat Primary Education Tribunal ('the Tribunal' for short), confirmed by the High Court.2. Few facts necessary to appreciate the contentions raised are as under:One Sanghvi Education Trust, of which respondent No. 2 is the Managing Trustee, is running Sanghvi Primary School, of which respondent No. 1 is the Principal. Principal and Managing Trustee is the same person, viz. Mr. Dineshbhai N. Sanghvi. Respondent No. 3 is the District Education Officer for the city of Ahmedabad. Petitioners Nos. 1 and 2 are serving in the said school as Assistant Teachers. Said school is a recognised one under the Bombay Primary Education Act, 1947. The management of the said school is liable to pay salary to its teachers, as per the pay and allowances declared for them by the Sta...
Tag this Judgment!Court : Karnataka
Reported in : ILR2007(1)KAR1034; 2007(2)KCCRSN97; 2007(3)AIRKarR71(DB)
ORDER1. These writ petitions are listed before the Division Bench on a Reference order dated 05/11/2004 made by the learned Single Judge, the same were heard together for a considerable period on merits and proceed to pass the following order.2. All the impleading applications, which are pending, are allowed and the applicants are permitted to come on record, as they are proper and necessary parties to these proceedings. The learned Counsel appearing for them are directed to amend the cause title of the Writ Petition forthwith.3. The impugned orders questioned in these petitions are one and the same. The parties are same and the facts, grounds pleaded and urged are similar and the prayers are also same. Therefore, all these writ petitions were heard together and following common order is passed.4. The petitioner in the first Writ Petition is Teachers Colony Residents Association (hereinafter in short called as 'Association' in short). The other petitioners are allottees and subsequent ...
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT862
Thottathil B. Radhakrishnan, J.1. This Writ Petition is filed seeking a declaration that the petroleum dealers owning tanker lorries for the purpose of lifting petroleum products from the installations of the petroleum companies to the retail outlets are not transporting undertakings for the purpose of the Kerala Motor Transport Workers' Welfare Fund Act, 1985 or the Welfare Fund Scheme there under and are not, therefore, liable to pay any contribution under the said Act and the Scheme. A writ of mandamus compelling the respondents to desist from insisting on payment of such contribution as a pre-condition for receiving quarterly tax under the Kerala Motor Vehicles Taxation Act, 1976 is also sought for.2. Heard Adv. Sri. B. Suresh Kumar on behalf of the petitioners and Sri. John Joseph Vettikkad on behalf of the first respondent State of Kerala.3. The Kerala Motor Transport Workers' Welfare Fund Act, 1985 (hereinafter referred to as the 'Welfare Fund Act') was made to provide for the c...
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